JACKSONVILLE WRONGFUL DEATH LAWYERS
JACKSONVILLE WRONGFUL DEATH LAWYERS
Did You Lose A Loved One To Wrongful Death in Jacksonville?
Losing a loved one unexpectedly due to someone’s negligence, unreasonable act or careless behavior can be devastating for anyone. It’s true that nothing can replace what you have lost, but by hiring a Jacksonville wrongful death attorney, you can get a sense of closure and justice for the wrongful death of your loved one.
When a wrongful death occurs, it is always the family members of the deceased who must pick up the pieces and move on in this difficult stage of life. We understand how difficult it can be for the spouse, parents and children of the deceased to take the necessary steps to deal and cope with such an unexpected and tragic loss.
Common Causes for Wrongful Deaths in Jacksonville
A wrongful death claim can occur in many situations or any type of accident that occurred due to the negligence of another party. A wrongful death can occur in a:
Fatalities in car accidents have become common. It can occur when the driver of another vehicle is under the influence of alcohol or drugs or speeding or driving recklessly. Other common causes of auto- based wrongful deaths include distracted driving (the driver was texting and not paying attention to the road). Poor vehicle maintenance, driver fatigue, inexperience and age of the driver also play a vital role in such accidents. Since there are numerous factors involved in an auto-based wrongful death case, it is important that the case is investigated carefully to determine the exact cause.
Accidents of small passenger vehicles with big rigs and 18 wheeler trucks are catastrophic and can lead to fatalities. Although most of the causes of truck accidents are similar to those associated with car accidents, some major reasons for devastating truck accidents include driver fatigue, sleep apnea and improper loading of the cargo.
Truck drivers often are forced by their employers to drive for long distances without any rest, violating the regulated hours as set by the federal law. Thus, overworked drivers are usually exhausted and more prone to lose their control of the vehicle and concentration on the road as they fall asleep behind the wheel.
Other factors that may contribute to truck-based wrongful death include poor weather conditions, manufacturer and road defects.
Head on collisions between a motorcycle and an automobile can be deadly for the motorcyclist as motorcycles lack exterior protection. Apart from that, motorcyclists may also experience wrongful death because of other driver’s negligence, reckless driving, tailgating and speeding.
Unfortunately, the simple act of walking down a sidewalk or crossing a street can end in a tragedy for many pedestrians in Florida, if they get struck by a moving vehicle. Depending on the severity of the accident, a pedestrian may experience a range of injuries, such as broken bones, brain damage, spinal cord injuries and sometimes even die.
Work Related Accidents
Any death that occurs in the workplace due to the company’s negligence or lack of safety measures –improper training, faulty equipment or unsafe work environment – can be the basis for a wrongful death lawsuit.
From manufacturers to distributors and sellers of products, they must minimize the risk of harm from their products to the public. If a death results from a faulty product design or defective manufacturing process, it can become the basis for a wrongful death lawsuit in the State of Florida.
Individuals who commit an unlawful act that results in the wrongful death of another person shall be held accountable in a criminal proceeding through a wrongful death lawsuit.
Personal Injury Claim vs. Wrongful Death Claim in Jacksonville
It is important to understand there are a lot of similarities between a personal injury and wrongful death case. Firstly, both arise because of someone else’s negligence act. Also, both claims happen to fall under tort law. This means that the plaintiff must prove that the defendant breached their duty of care, which resulted in the injury or death of the victim.
To understand the difference between the two, it’s best to hire an experienced Jacksonville attorney who has a sound understanding of the law and can navigate its complexities. In simple terms, the difference between the two claims is that a personal injury claim is brought by the victim who has suffered from the injuries due to someone else’s negligence.
However, in a wrongful death claim, it is slightly different. The case is filed by the surviving family members of the deceased. Besides this, the statute of limitation in Florida also differs for a personal injury claim and a wrongful death claim.
Statute of Limitations in for Wrongful Death Claims in Jacksonville
The statute of limitations basically refers to the deadline for filing an injury lawsuit in Florida. As per the statute of limitations in Florida, a victim has four years to file a personal injury case, from the date of the accident. If the case is not filed within this time window, then the court will refuse to hear the case at all and the victim shall not get compensated for their injuries.
Likewise, the statute of limitations for filing a wrongful death claim by the surviving family members is two years from the date of the death of the victim. And failing to file the claim within this timeframe may prohibit the family of the deceased from recovering compensation for the wrongful death of their loved one.
Who Can File a Wrongful Death Claim?
According to the state law, a personal representative of the deceased person’s estate can file the wrongful death claim. The personal representative may be named in the will or estate plan of the deceased person. However, if there is no estate plan or will, then the surviving family members of the deceased shall file the claim and recover damages.
The beneficiaries, who are permitted by the law to file a wrongful death claim, include (by order of priority):
- The spouse of the deceased
- Children of the deceased
- A child or children born out of wedlock where the mother of the child is the deceased
- A child or children born out of wedlock where the father of the child is the deceased and the child was dependent on the father for support during their life
- The parents of the deceased
- Blood relatives who were dependent on the deceased
- Adopted siblings, if they were dependent on the deceased
Damages Claimed For a Wrongful Death Lawsuit in Jacksonville?
Here are the types of damages that the claimant can receive in a wrongful death case:
- Economic damages, which include:
- Medical expenses
- Loss of expected earnings
- Loss of medical coverage, spousal support and pension plan
- Funeral and burial expense
- Loss of household contribution
- Goods and services that the victim could have provided otherwise
- Non-economic damages include:
- Mental anxiety
- Loss of companionship
- Emotional pain and suffering
- Loss of parental guidance
- Punitive damages
In some situations where there is intentional, malicious or reckless conduct, punitive damages shall be rewarded in order to punish the defendant for the wrongful death of an innocent person. However, a cap is placed on the amount of punitive damaged that is awarded.
Hire Our Experienced Jacksonville Wrongful Death Attorney to Fight Your Case
At Shiner Law Group, our Jacksonville wrongful death attorney understands the hardships that family members have to face after the wrongful death of their loved ones. Therefore, we are dedicated to seeking a full and fair compensation for such families.
Wrongful death cases can be complex and long. Such cases therefore require a specific skill set, wealth of experience and sound knowledge to help clients navigate through the complexities smoothly. And that is exactly what we offer to you.
We are experienced, conscientious, compassionate and are ready to step in and help you fight your case aggressively so that you get justice for the wrongful death of your loved one. Contact us today at (855) 462-6878 or online for a free case evaluation to discuss your case. Don’t delay. We value your privacy and we will keep all information strictly confidential.
Take action fast! Let us help you seek justice.